Crabtree v. Atchison
Court of Appeals of Kentucky
Cash 68 — PETITION ORDINARY APPEAL EROM DAVEISS CIRCUIT COURT. 1. The court erred in giving appellees the burden. 2. The paper signed at the time the note was executed was obtained by the same fraudulent act that procured the execution of the note, and, therefore, does not constitute an estoppel. (Jaqua v. Montgomery, 33 lnd., 36; s. c., 5 Am.
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Cash 68 — PETITION ORDINARY APPEAL EROM DAVEISS CIRCUIT COURT. 1. The court erred in giving appellees the burden. 2. The paper signed at the time the note was executed was obtained by the same fraudulent act that procured the execution of the note, and, therefore, does not constitute an estoppel. (Jaqua v. Montgomery, 33 lnd., 36; s. c., 5 Am. Rep., 108.) 1. The paper executed by appellant at the time he executed the notes sued on estops him from pleading that the notes were procured by fraud. (Tipton County v. Rogers’ Locomotive and Machine Works, 103 U. S., 523; Alexander v. Ellison, 79…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
• The appellant executed to J. Medanich & Co. a promissory note for one hundred and two dollars and sixty cents. Medanich & Co. assigned the note, before its maturity, to the appellees. They brought suit on it. The appellant answered that the note was obtained from him by the fraud of the payees ; and that it was without consideration, having been executed for a lightning rod that Was utterly worthless. The appellees, replying, traversed these allegations. They further alleged that when the appellant executed and delivered the note to Medanich &…
2Cases cited1 opinion
- Rudd v. MatthewsCourt of Appeals of Kentucky · 1881
3Cited by16 opinions
- Schmidt v. MitchellCourt of Appeals of Kentucky · 1897
- Givens v. BerkleyCourt of Appeals of Kentucky · 1900
- Louisville Nashville Railroad Co. v. HargisCourt of Appeals of Kentucky (pre-1976) · 1929
- Mattingly v. ShortellCourt of Appeals of Kentucky · 1905
- Hill v. ThixtonCourt of Appeals of Kentucky · 1893
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